Политическая стратегия России в выборе режима исчерпания права на товарный знак

Abstract

Introduction: the institute of trademark exhaustion in Russia is transformed three times: from international to national and at present in force regional regime on the territory ofthe Eurasian Economic Union. The initiatives of the last ten years of parallel import legalization don’t result in stable flexible regime of trademark exhaustion in Russia. Objectives: to consider the Russian political strategy of every stage of trademark exhaustion changing taking into account priorities of all the interested groups and determine the most balance approach to trademark exhaustion regime. Methods: neoinstitutional approach, comparative-law method, methods of political modeling and forecasting. Results: formulating a sustainable strategy of trademark exhaustion in Russia is complicated by confrontation between two groups political actors of national and supranational levels with competing interests about legalization or prohibition of parallel import. Conclusions: institutional conditions surrounding the issue of trademark exhaustion currently allow to make possible a strategy of local experimentation and legalize parallel import of separate groups goods in a separate territory of determine Russian region.